FROM AK GOPALAN TO MANEKA GANDHI: THE EVOLUTION OF PERSONAL LIBERTY

The given paper traces the evolution of the term personal liberty from 1950 to 1977. The literal interpretation drawn in A.K. Gopalan v State of Madras is discussed elaborately listing the merits and demerits of the said judgement. The article briefly examines RC Cooper v. Union of India and discusses the relationship between Article 19, 21 and 22. Lastly the article discusses the new approach adopted in the Maneka Gandhi v. Union of India. The approach of the said case laid down a number of propositions to make Article 21 much more meaningful. The role of RC Cooper and the expansive interpretation on “personal liberty” in Article 21 are discussed. Particular attention is devoted to the constitutional debate between "procedure established by law" and "due process of law", and to the question of whether a law prescribing an unreasonable procedure may itself be declared unconstitutional under Article 21, or whether only executive action depriving an individual of personal liberty is subject to constitutional scrutiny. The article aims to create a chain between AK Gopalan and Maneka Gandhi with RC Cooper acting as an intermediary link.